Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 37
Thursday, February 17, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Corbin, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Kinsella, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, Pearson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, *Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, *Cook, Corbin, *Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, *Keon, Kinsella, *Kirby, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, *Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, Pearson, *Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, *Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
Thursday, February 17, 2005
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRD REPORT
Your Committee, to which was referred Bill C-302, An Act to change the name of the electoral district of Kitchener—Wilmot—Wellesley—Woolwich, has, in obedience to the Order of Reference of Tuesday, December 7, 2004, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Third Report of the Standing Senate Committee on Legal and Constitutional Affairs
Bill C-302 is a Private Member's Bill that changes the name of the electoral district of "Kitchener—Wilmot— Wellesley—Woolwich'' to that of "Kitchener—Connestoga.'' Your Committee heard testimony to the effect that a previous Bill (Bill C-20, S.C. 2004, c.19) contained an error. Most people in the riding concerned had thought agreement had been reached on the name Kitchener—Connestoga, and the election had been held under it. Bill C-20, however, changed that name to one that most thought was inappropriately long.
Your Committee accepts the uncontradicted testimony before us that a mistake was made in 2004. It is not your Committee's role to assess where the blame for such a mistake should be placed. Your Committee does wish to comment, however, on the process used to change the names of electoral districts once a Representation Order has come into force following each decennial census.
The origin of the need for Bill C-302 is not the Representation Order, but rather the Bill in the spring of 2004 that we mentioned above. When your Committee reported that Bill to the Chamber on May 6, 2004, we observed, as we had repeatedly over the last four years, that the process for changing riding names should be open and transparent. We reiterated our previous recommendation that, before a name is changed by an Act of Parliament, there should be a requirement for public notice in the constituency concerned and provision made for public consultation, following Guidelines provided by the Chief Electoral Officer. Had notice been given and input sought on the proposal to change the name of the electoral district of Kitchener—Connestoga, it is highly likely that the error in Bill C-20 would have been caught, and the present Bill rendered unnecessary.
Every change of name of an electoral district leads to additional costs and work for Elections Canada. The process for changing names should reflect that fact, and should also reflect the great degree to which local residents often identify with the name of an electoral district. They deserve to be consulted. For those reasons, your Committee once again urges the adoption of an open and transparent process for changing the names of electoral districts by Act of Parliament.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Day, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Bacon presented the following:
Thursday, February 17, 2005
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FOURTH REPORT
Your Committee, to which was referred Bill C-304, An Act to change the name to the electoral district of Battle River, has, in obedience to the Order of Reference of Tuesday, December 7, 2004, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Fourth Report of the Standing Senate Committee on Legal and Constitutional Affairs
Bill C-304 is a Private Member's Bill that changes the name of the electoral district of "Battle River'' to that of "Westlock—St. Paul.'' Your Committee heard testimony that a previous Bill (Bill C-20, S.C. 2004, c.19) had changed the name of the wrong riding. Indeed, the name Battle River is based on a landmark that is not within the boundaries of the electoral district.
Your Committee accepts the uncontradicted testimony before us that a mistake was made in 2004. It is not your Committee's role to assess where the blame for such a mistake should be placed. Your Committee does wish to comment, however, on the process used to change the names of electoral districts once a Representation Order has come into force following each decennial census.
The origin of the need for Bill C-304 is not the Representation Order, but rather the Bill in the spring of 2004 that we mentioned above. When your Committee reported that Bill to the Chamber on May 6, 2004, we observed, as we had repeatedly over the last four years, that the process for changing riding names should be open and transparent. We reiterated our previous recommendation that, before a name is changed by an Act of Parliament, there should be a requirement for public notice in the constituency concerned and provision made for public consultation, following Guidelines developed by the Chief Electoral Officer. Had notice been given and input sought on the proposal to change the name of the electoral district to Battle River, it is highly likely that the error in Bill C-20 would have been caught, and the present Bill rendered unnecessary.
Every change of name of an electoral district leads to additional costs and work for Elections Canada. The process for changing names should reflect that fact, and should also reflect the great degree to which local residents often identify with the name of an electoral district. They deserve to be consulted. For those reasons, your Committee once again urges the adoption of an open and transparent process for changing the names of electoral districts by Act of Parliament.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Fairbairn, P.C., Chair of the Special Senate Committee on the Anti-terrorism Act, presented its first report (budget—review of the provisions and operation of the Anti-terrorism Act— power to hire staff).
(The report is printed as appendix "A'' )
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Grafstein, that the report be placed on the Orders of the Day for consideration two days hence.
The question being put on the motion, it was adopted.
The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its second report (budget—study on Africa—power to hire staff).
(The report is printed as appendix "B'' )
The Honourable Senator Stollery moved, seconded by the Honourable Senator Grafstein, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its third report (budget—study on issues relating to foreign relations—power to hire staff).
(The report is printed as appendix "C'')
The Honourable Senator Stollery moved, seconded by the Honourable Senator Fairbairn, P.C., that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Furey presented the following:
Thursday, February 17, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
THIRD REPORT
Your Committee recommends that the following funds be released for fiscal year 2004-2005.
Foreign Affairs (Legislation)
Professional and Other Services $ 3,000 Transportation and Communications 750 Other Expenditures 750 Total $ 4,500
Respectfully submitted,
GEORGE FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Reading of Petitions for Private Bills
The second report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 1/38-394S) and reads as follows:
Thursday, February 17, 2005
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present her
SECOND REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-
Of the Boy Scouts of Canada, a body incorporated by chapter 130 of the Statutes of Canada 1914; praying for the passage of An Act to amend its Act of incorporation in order to consolidate the statutes governing it, to change its name to "Scouts Canada'' and to make such other technical and incidental changes to the Act as may be appropriate.
Respectfully submitted,
HEATHER P. LANK
Examiner of Petitions for Private Bills
The following petition was read and received:
Of the Boy Scouts of Canada, a body incorporated by chapter 130 of the Statutes of Canada 1914; praying for the passage of an Act to amend its Act of incorporation in order to consolidate the statutes governing it, to change its name to "Scouts Canada'' and to make such other technical and incidental changes to the Act as may be appropriate.
Introduction and First Reading of Private Bills
The Honourable Senator Di Nino presented a Bill S-27, An Act respecting Scouts Canada.
The bill was read the first time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Meighen, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-4, An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.
The Honourable Senator Phalen moved, seconded by the Honourable Senator Moore, that the bill be read the third time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-29, An Act to amend the Patent Act.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The Honourable Senator Stratton, for the Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Corbin, for the second reading of Bill S-6, An Act to amend the Canada Transportation Act (running rights for carriage of grain).
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator LeBreton, for the second reading of Bill S-16, An Act providing for the Crown's recognition of self-governing First Nations of Canada.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 12 were called and postponed until the next sitting.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Other
Orders No. 2, 13 (inquiries), 69, 58 (motions), 4 (inquiry) and 78 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Downe calling the attention of the Senate to the benefits to the decentralization of federal departments, agencies and Crown corporations from the National Capital to the regions of Canada.
After debate,
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Mercer, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5 and 6 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Harb:
That the Senate of Canada joins with the Government of Canada in condemning the terrorist attack that killed former Lebanese Prime Minister Rafik Hariri and extends condolences to the families of those killed or injured and indeed to all the people of Lebanon;
That the Senate of Canada urges the Government of Canada to call upon the Lebanese government and the international community to ensure that those responsible for the planning and perpetration of this attack are brought to justice;
That the Senate of Canada strongly urges the Canadian government to join with the United Nation's Security Council in its call for the strict respect of the sovereignty, territorial integrity and political independence of Lebanon;
That a message be sent to the House of Commons upon passage of this motion.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 22, 2005 at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Annual Summary of Steel Import Permit Information for the year 2004, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. 13 (3rd Supp.), s. 1.—Sessional Paper No. 1/38-393.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:27 p.m. the Senate was continued until Tuesday, February 22, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Stollery substituted for that of the Honourable Senator Banks (February 16).